Dowery act

Rajan srivastava (Querist) 06 July 2015 This query is : Resolved
The wife of my cousin brother has made false allegation on my whole family that we are encouraging his husband to beat him for dowery. We r from a reputed family and govt servents too. We don't have any relation with case and we have been taken into this case for money only...in fact I can prove that on a one particular date(for which she has complaint that I was encouraging her husband to beat him) I was not in the city. But what is about my rest family members I have two younger brother and father who has named in the FIR. What is relief for us.

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Sudhir Kumar, Advocate (Expert) 06 July 2015
you we3re not in the city on particular date, that does not mean that you never abetted the crime. One need not be physiucally present at crime spot and time, for abetting a crime. Not a very strong defence.

The acceptability of this defence depends upon totality of allegations against you.

Try quashing of the FIR.

By the way you have only stated that allegations against your family is false. You have not stated whether allegations against husband are false or not.

Sudhir Kumar, Advocate (Expert) 06 July 2015
Further very few Govt servants know that as per rules they have to inform the deptt he/she was in custody or got bail. They know this provision only when chargesheeted for failure to report arrest/bail to the deptt.

Sudhir Kumar, Advocate (Expert) 06 July 2015
Further, someone may like to advise you that "do not worry this has nothing to do with official work"

Here I would elaborate in advance that dowry demand and abettment thereof besides being a criminal act is a professional misconduct also for Govt servant and in such case the deptt if vicious can initiate disciplinary action against him without waiting for outcome of the court.

Guest (Expert) 06 July 2015
No specific relief, except to fight the case effectively to prove your innocence through some capable criminla lawyer. Otherwise such type of cases normally prove to be unimaginingly damaging to the career of the person booked and mental peace of the whole of his/her family, if dealt with in a casual manner. Better try to nip the evil in the bud by clarifying your position to the complainant as well as the investigators of the police before the charge sheet is filed in the court of law.

P. Venu (Expert) 06 July 2015
Has any FIR been lodged or investigation in progress? Have you or your brothers arrested or otherwise summoned for questioning?

Rajendra K Goyal (Expert) 06 July 2015
Well advised, agree with the expert PS Dhingra ji.

Biswanath Roy (Expert) 07 July 2015
Quashing F.I.R. is not an easy task. You have no other option except facing the trial to disprove allegations against you.
If you fail to obtain quash order from the High Court it will create impact upon your defense line.

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